BRAHM DEO AND ANOTHER Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment and order dated 13.12.1985 passed by learned Addl.Sessions Judge, Mirzapur in S.T. No. 3 of 1985 (State Vs. Shiromani and 3 others) , whereby the accused persons have been convicted and awarded sentence under Sec. 324 Penal Code with two year Rigorous imprisonment and a fine of Rs. 1000.00 each with default speculation. However, they were acquitted under Sec. 307 IPC.

(2.) I have heard Sri Mukhtar Alam and Sri Raj Narain Tiwari, learned Counsel for the appellant and learned AGA for the State.

(3.) Learned Counsel for the appellant has confined his submission only to challenge the quantum of punishment. He is not challenging the conviction of the accused persons for the offence under Sec. 324 IPC. It has been submitted by him that the occurrence had taken place on 13.06.1984.The appellants were granted bail and presently they are on bail. Next contention of learned Counsel for the appellants is that the appellants have already remained in jail for about 6 months. Learned Counsel has also submitted that sending the accused persons back to Jail would be more harsh and the interest of justice requires that if the order in respect to quantum of punishment is modified considering the facts and circumstances of the case, then it would serve the ends of justice. Learned Counsel to strengthen his submission has placed reliance on the decision rendered in the case of Dash Mani Shukla & another Vs. State of U.P. & others 2000(2) JIC 970(All) and Dannoo & another Vs. State of U.P. 1999 (1) JIC 851(Alld).